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HomeMy WebLinkAbout1979-01-22 125 AG ORDERIntroduced by Councilor Ueda ian AJanuary 22, 1979 CITY OF BANGOR (TRL) @nigra_. Authorizin&_the City Manager to Pater. into Agreement with MDOT - Illinois Avenue Reconstruction By tw Cit CoumB of tae Cit OfBangar: ORDERED, TEAT WHF,REAS, the State of Maine Department of Transportation is planning the reconstruction of portions of Maine Avenue and Illinois Avenue, identified as Federal Aid Project No. M -MG -1560(1), and WHEREAS, both.the City and the State have certain respon- sibilities with regard to said reconstruction, NOW, THEREFORE, be it ORDERED, that the City Manager be and hereby is authorized to act for and on behalf of the Municipal Officers by the signing of the City Agreement, a copy of which is attached hereto, and the City Manager is further authorized to carry out the various responsibilities of the City as contained in Paragraph II of said Agreement. IN cm COUNCIL JANUARY 22,19'19 pA59ED 125 AG ORDER rine, 1 / AUTHORIZING THS CTTY MUGU TO CTTY UPN ................. ................. SNTER INTO AOR� NIV MOT MLINOIS AW ................................... R STRUGTION , ed and Hied by ,koiscilmen roopm �asact Bangor M-XG-1560(1) Page 1 of 5 Pegea December 20, 1978 CITY A G R I E M EXT TRIS ACTAPyEXT: made this day of : ISL____by and between the State of Maine acting by arW through its Department of Transportation: hereinafter referred to as the State and the City Of Burger, Penobscot County, a body corporate: by and through its City Manager hereinafter referred to as the City. Witnesseth, that wBSEEAS, the State is planning the reconstruction of portion of Maine end Illinois Avenues; MUCREAS, the City agrees sash work is necessary: NOW THERE IRE: the Parties agree as follows: _ I. The State Agrees to do the following: A. To Owned a contract under Federal Aid Project Xo. Md G-1560(1) hereinafter referred to as the Project: she perform work substantially is ecoordance with the plane Preparedbythe State end generally described as follows: The Project begins on Maine Avenue approximately 78 feet southerly of the Buehonan Street Intersection (Station 20+00) and endesia northeasterly along new location to Illinois Avenue to a point approximately 250 feet southwest-erly of the Reyes Street Intersection (Station.. J9+0o). The improvement eonsle5sof a 40 foot core to curb roadway. B. To construct a drainage oyster adequate to handle all normal surface and seb- eurfece water Yon the entire PPejedt, and to connect portions of this drainage aystem into the existing systems, eliminating any drainage structures deemed unnecessary be part of the Project. C. To acquire and pay for all lead, rights in land: end buildings necessary to construct and mountain the Project, except those donated by the City to the State. D. To provide pavement markers end traffic control sigmaas necessary on a first- time beers. Bm r t 11G-1550(1) Page 2 of 5 Pages December 209 1978 II. AAD the City agrees to do and perform the following: A. To approve the layout ard construction of Federal Aid Project No. M8 0-1560(1) described in Item I above under "the State agrees". B. To donate to the State all lid or .rights in land owned by the City whim are required for the Project. C. To pay to the State the "Consuuity Share" of the coat of the Project in -. accordance with the terms set forth in the Ittached ^N®orendum of Under- standing" dated Aprll 10, 1998. D. To the tends set forth in theattachedSpecial Provision, :Construction Area".. E. - To authorize the State to alter or olimirate any arainWe or drainage - .structures deemed unnecessary ae part of the Project. F. To pay or assone my and all .costa (if required) for the treatment and ultimate disposal of any discharge from storm drainage system constructed as part of the Project. , G. To assume all future maintenance and powar costa for street lighting providing mina^^^ average intensity of approximately 0.2 foot candles. S. To pass such city ordinances as may be required to control pabiing within the limits of the Project as follows: 1. To lint parking to "parallel parking". 2. To prohibit parking within 20 feet of any crosswalk. 3. To prohibit parking within 25 feet of the terminus of the comer radius along the curb line at street intersections. 4. To preMbit parking within 10 feet of my entrance. 5. To prohibit parking within 15 feet of any hydrant. - 1. To pass. such City Ordinancesasnay be required to control all entrances to the highway constructed as part of this project or as may be constructed in the future in accordance with Title 23, M.R.S.A., Section 704 or as may be Barger 6 MO -1550(1) Page i of 5 Pages December. 20, 1976 S. TO eliminate and prohibit disposal of any open sewage within the limits 0f the Project. R. To make such changes within the city fire alarm system, city eewe .,'city water and city street lighting, including service connectionaq manhole adjustments and other city Owned and maintained -utility fixtures (if erupting). without expense to the Stats as may be required an a result of the Project. Any changes made during the construction of the Project will be coordinated with the contractor'soperstlons. L. To assume oil cleims for demages to private underground utility -type instal- lations where the locations may net be sbown on the plane for thin Project, also to be responsible for the.removal, replaccasnt alteration, or relocation of any existing private' underground utility -type installation (Such as wires, watery se r, drain pipes) as may be necessarytopermit construction of the Project within the previously described project limits. M. To be respWeible for and to notify all utilities that, except in the case of any energeocy, no service opening. parents for opening my pavement within the limits of the proposed project will be issued for a period of five (5) yearn from the date of the Project. W. To regulate (where the control of utilities ..using the highways is delegated to the City) the use by all public and private utilities of any portion of the right of way of the highway, within the Project in accordance with the rules, regulations', and policies applied by the State in its control of utility use of the highwas. 0.. TO hold inviolate the right of way for the Project :and Wee that an adver- tising signs, posters, billboards, roadside stands or other private instal- lation shall pe prowitted wltiin the said right of may limits and any such befcaementioned itene now within the limits of the existing right of wav shall_be removed by or under direction of the City. Banger m-mo-1550(1) Paget' of 5 Pages December 20{ 1918 P. To make the attached "Backfilling Requlranents" a Pat of all Service open g permits for workwithinthe limits of the Project. Attaev:. - - - "Backfilling Requtr®mts" _ "mwora hen of Understanding^. "Special. Provision -. Constructim Area^ Bangor M -MG -1560(1) Page 5 of 5 Pages December p: 1418 Id WITNESS WREEeCP THe PARTIES TO TOOLS AGREk&Q'$iT RAVE ERECUfED IN TRIPLICATE: these presents on the day evil year fiiat above written, the State of Maine by its Co®issloner of the Department of Transportation: hereunto duly authorized: and the City by its City Manager duly authorized by City Order dated attested true copy being attached heretoand made a pert hereof. SIGNED: SE= ANO =VESID STATE OF M E IE THE PRESENCE OF: DEEABTMENT OP TRANSPORTATIOF _ by. Co®issionsr Roger L. Mallar City of Berger . by: - City Manager John W. Flynn - APP%IVEO PS 1b POPtd: Assisteat Attorney General - BAWILL:d6 BENINflJaUPTS Backfill material shall be fine, readily compresAible. soil or granular mWteribl, at or near optimum moietvre content, ard ¢hall not contain stones larger than 3 inches, frozen limps, chunks of clay, mineral matter or ary athac objectionable materia. The material ehall be uniformly distributed in layers of not more than a inches, .loose measese and each layer thoroughly conducted by use of approved compaction before to ceesive layers are placed. When backfill is being placed arwnd a pipe or structure, operations shall be so conducted that the fill is always at approximately the s elevation on bothsides of the structure. spall all be added when necessary to a the moisture content of the back- fill material to ration compaction. Paddling ar Jetting of backfill will not be allowed. All sheeting and bracing used during ex ovation shall be rommoved by the utility tells" the completion of the work, arul all voids resulting from the use of the sheetingand bracing backfilled where necessary unless otherwise directed by .the ➢epartment'a Bngin . MHORANIUM OF UNBERUTANDING FEDERAL AID PROJECT M-ex:_15fi0ft) TOCATICN Rancor, Illinois Avenue Whereas the local Community has agreed to provide a portion of the total cost of the subject project, it is necessary for the Department of Transportation to develop a- project eoordination and reimbursement procedure. - The Community must indicate their caneurrence in these commitments as outlined by signing the original of this letter in the spaces provided and return it to the Department of Transportation. This document must be received prior to the beginning M continuation of preliminary engineering activities. - A. Definitions - 1. Total Estimated Cost The total estimated cost of a project represents the best estimate of .the cost ofengineering, right e1 way, construction and other items considered necessary to satisfactorily complete theproject at the beginning of the project development process. Total Estimated - Cost of subject project is SwA nM M_ 2. Non -Federal Share The non-federal where represents the total estimatedcantof a project less the federal contribution. As a general rule and for purposes of local refmfi.rsement the non-federal share represents 32% of the total estimated cost of A project. Non -Federal share of subject project 1s 3. Community Share The Community share represents the portion of the total estimated cost -of a project to be contributed by the Community. In most cases this will be a percentage of the non-federal share based on total estimated project coat. The Community share of subject project is of the non-federal share. or 828.480.00 '- B. Reimbursement - - 1, prior to the beginning of preliminary engineering activities the Community shall submit to the Department of Transpertaticn acne-half of the Community share for the above stated project, or S14 240.00 2. Prior to project advertising the Commmity, will be advised of the anticipated date of project advertising and shall sign a letter of assurance to the Department indicating that Hinds are available to - support the remainder of the Commmity's share. - 3. The Department will advise the Community of the bids received within 3 days after receipt of said bids. The Community shall upon receipt of this information indicate in writing, withfa 10 days, their concurrence in the proposed award and agree to submit the balance of the Community share, S14 24o CC , within 30 days subsequent to the award of contract - See Paragraph B;5.a.. below). 2- 4- Upon completion of the project the Department of Transportation will Provide the Community with a statement indicating the final total cost of the project and the actual non-federal share, as well as the actual - Community share. - - 5• The financial commitment of the Community will have been met upon com- pletion of the action indicated in paragraph B.3• above unless: - e. The "total estimated cost" of the project at the time of advertising over�ran the original "total estimated cost" as a result of signi4d- cant changes in the scope of work, agreed to by the Community, during the project develepment process. when this is the case the Community will receive a statement at the time of notification of bids received, revising the Community share balance shown in paragraph B.3. above. b. Subsequent to the completion a4 the project, it is determined that the total final cost a4 the project under -ran the "total eatimated cost". When this is the case the Community will be reimbursed its share of the under -rum based on the level (percentage) of its original financial commitment to the project. C. Project Darelooment I. The Department upon completion of the development of preliminary plana but prior to the initiation of the public hearing process will werange fOr a meeting with the officials of the Community to review the project limits, scope of work, etc. based on the beat interaction available.. _ 2. Subsequent to the public hearing but before location and design, approval is requested from the FHWA/ the Department will again review the project with the Community. - 3. Additional reviews may be requested by either the Community or the Department at any point in project development. 4. The Comity and the Department retain the right to teammate the project at any time prior to the actual acaulsition of right of way. Projects can not be terminated by the Cemmmmity subsequent to right of way acquisition without concurrence by the Department of Transportation. a. projects terminated by the Community The Community shall be responsible for the entire neem -federal Whose of the total evyenditures incurred against the project at the time of termination. b. projects terminated by the Department Me Department shall be responsible for the entire non-federal share of the total expenditures incurred against the project at the time of termination. a. Projects terminated by Mutual Agreement The Comamity and the Department will share Proportionately, as with total project funding, in the responsibility for the nn Yedeirel share Of the total expenditures incurred against the Project at the time Of termination. This agreement becomes effective upon signature. Approved by the Maine Department of Transportation on ROOM L. MAL , Commissioner Maine Department off Transportation R1Chard A: Coleman Prouty Chief EngiDevelopment - ' - Project Development ' The/Municipal Offffiicci-als of the ' of Agee ",) -- County of /�9-.�✓ :w�.✓ ngree to� tion and Reimbursement Pro- cedure Outlined above for Federal Aid Project Mo. ZI--IVC- - /SC-O YRama� U nate) Banger SPECIAL PROVISIONS 1560(1). WNSTROICTION A A Construction Area, located in the city of Ranger has been .established by the Maim State Department of Transportation in accordance with the provisions of Title 29, Section 1703, Maine Revised Statutes Annotated. The area is described as follows& (a) no section of highway orderconstruction from Sts. 20&00 to - Sta. 39+00 of no new construction centerlim, plan approaches. (b) Federal Aid Vrban Rte. 1560 (Maine Ave., Texas Ave. & Illinois Ave.) from Sta. 20+00 to Eta. 39+00 of the new construction centerline, plus approaches. The State DepartmM, of Transportation or the State's Engineer mac issue permits for stated periods of time for moving construction equipment without leads, low had trailers with Overloads, over—height, .over—width, or owrlength equipment or material, Over all State maintained sections described in the "Construction Area" above, and in addition may issue permits for stated periods of tine for moving overweight xhielas and loads over the section described in (a) above. The right to revoke such a permit at any time is reserved by the State Department of Trsns— portation and the issuance of noun permits shell be subject to aay Special Provisions or Supplemental Specifications written for this project. - A Temporary Permit for each move may be issued by the State Department of Trsns portation, or the State's Engineer, for moving Contractor's construction equipment wed on the project, which exceeds the legal limits (shawls, bulldozers, etc.) to endrses of construction material over highways maintained by the State reasonably within the area of the project. The Manicipal Officers of the city of Banger have agreed that a permit will be issued to the Contractor for the purpose of hauling loads in excess of the limits as specified in Title 29, Maim Revised Statutes Annotated, on the tam ways as desexilo d in the "Construction Arson, and that single mave prradts x111 be issued for moving Contractor's construction equipment used On the project which exceeds the legal limits (shovels, bulldozers, etc.) to sources of construction material over town wgvs reasonably within the area of the project. In the event it is necessary to transport gravel, borrow, or other construction material in legally registered vehicles carrying legal loads over town ways, a Contractor's Send of not more than Five Thousand Dollars ($3,0D0.00) Far mile of traveled length may be required by the tam, the exact consent of said bond to be determined prior to use of any them way.. _ Tho masynnan epeedlimdta for trucks on any town way will be tmnty flve (25) miles Far hour, ..1.as a higher legal limit is specifically agreed upon, in writing, by the Municipal Officers concerned. Hanger 1560(1) Tot- State Department of Transportation Augusta, Maine p 1918, representative a t� he State Department of ansportation, mot with one ormoreof the undersigned Municipal Officers of the city of Bangor and explained the provisions of Title 290 Maine Revised Statutes Annotated, Section 1703, regarding the rights of the town under those provisions. _ no undersigned Municipal Officers of the city of Bangor do hereby agree that a permit will be issued to the Contractor for the purpose of hauling loads in excess of the limits as specified in Title 29, Maine. Revised Statutes Annotated, on the town ways as described in the "Construction Area", and that single move permits will be issued for moving Contractor's construction equipment used on the project which exceeds the legal limits (shovels, hulidosers, etc.) to sources of construction material over tom ways reasonably within the area of the project. In the event it is necessary to transport gravel, borrow or other construction material in legally registered vehicles carrying legal leads over town wars, a - COM.ractor's Bond of not more than Five Thousand Dollars ($5,000.00) per mile of traveled length may be required by the towu;the exact amount of said bond to be - determined prior to the use of any Loam way. - fha maximum speed limit for truckson any tons way will be twenty—five (25) miles per hear unless a higher legal limit is specifically agreed upon, in writing, by the Municipal Officers concerned. CM OF BANGOR By the Municipal Officers witnessi Date , 1978, Plow CONSTRUCTION AREA RANCOR 1560(U I BANGOR INTERNATIONAL AIRPORT State Maintained, 9qs a 9riLgss within the Constnetion Area ' 7. Proposed High�ay st within the Lonstroction Area October 2, 1940 SPACIAL PROVISIONS - CONSTRUCTION A s TITLE 29, N.R.S.A. N 1703 Noving Heavy Objects over ways and bridges; jurisdiction; permits limited. Jurisdiction is vested in the Department of Transportation to grant emergency parents upon proper application in writing to move objects having a length or width or height or weight greater then specified in this Title over any way or bridge maintained by the Department of Transportation. Like permits may be granted by county conmoissamers, municipal officers, superin- tendents of streets or Other rcad officials having charge of the repair and maintenance of any other way or bridge. The fee for such permits shall be not lees then $3, nor miscre then $15, to be determined, an the basis of weight, height, length and width, by the Department of Transportation. All vehicles granted emergency permits under thissection, because object to be moved is over legal maximum weight, must first be registered or hold a short-term permit for the msximm legal gross weight allowed with such vehicle. The department men grant perwits, covering stated periods of time not exceeding one year and upon proper application in writing, to move under its own power pneumatic tired equipment, not exceeding the legal weight limit, over ways end bridges maintained by the department. The fee for such permit..... shall be based upon a rate of $15 for each 30 -day period covered by the permit. Said permits shell be issued to cover the emergency or purpose stated In the application and shall be limited as to the particular objects to be moved and the particular ways and bridges which may be used, but permits for stated periods of time hey be issued for longs and suitable equipment employed - upon public highway construction projects, United States Oovexnmant projects or private construction of private ways, when such loads or equipment are operated within construction areae established by the department. Permits must be procured from the municipal officers of aqv town or city, In case the construction area encompasses said town or city, said permits to further provide that the contractor be responsible for danage to any mads which may be used in said construction areas and may provide for withholding by the agency contracting for the work of final payment under any, contract, or may provide fOr the furuiehing of a bond by the contractor to guarantee suitable repair or pgvmmrt of damages, the suitability of repairs or the amount of domege to be determined by the Department of Transportation on state main- tained ways and bridges, otherwise by the municipal Officers. Said permits may be granted by the Department of Transportation or by the state OwSiwasT rn charge of the construction contract and no further approval by the Department of Transportation shall be deemed necessary. The permit for construction areae eball carry no fee and anneal not come within the scope of the first paragraph of this section. Iof 2 [Title 29; 10/2/7e 7 Spec. Prov. - Constr. Area Title 29, M.A.S.A. 0 1903, Moving Heavy Objects, etc. (cont.) The Department of Transportation, ia respect to state and state aid highways and bridges withhn city or compact village limlts, and municipal officers in respect to all other ways and bridges within such city and compact village limits and the county commissioners in respect to county roads and bridges located in unorganised territory in said county, may grant permits to operate vehicles having a gross weight exceeding the limit Of groes weight prescribed in this Title, and all such permits may contain aqy, special conditions or provisions which in the opinion of the grantors are necessary. Escort vehicles required by permits issued in accordance with this section shall be equipped with warning lights and signs as required by the Department of Transportation. Only in the performance of the escort vehicle requirements of such a permit shall such warning lights be operated Or the lettering an whole signs be visible on a public way. Permits shall not be granted unless the applicant provides reasonable assurance that all property taxea applicable to the mobile home, including those for the current tax year, have been paid or that the mobile home i exempt from sash taxes. TITLE 29 M.A S.A. 1611 Violations; bonds for permits Idanever as owner, driver, operator oxarty r of engine, teem, vehicle de ehutrivence mentioned in sections 902, 1702e 1903, 1953 and 1954 violates why provision of said sections or the regulations made or permits granted under authority thereof s]ball. be liable to a fine of not lees than $10 nor weare than $500, for each Offense, except that in the case of vehicles ex eeding weight limits on bridges posted by the Department of Transportation or On bridges posted by others for weight limits approved by the Commissioner of Transportation, a fine Of $40 for each full 1,000 pounds of such access shall be paid, provided that said fine Odell not exceed $1,000. He shell be responsible for all damage which said way or bridge may sustain as a result thereof, mrd the amount may, be recovered in a civil action brought by the mmicipallty o other corperation,when any way Or bridge is injured which Is under the care of said mmicipality or ether corporation; by the county commissioners in behalf of any unincorporated township injured and by the State M® arty state or state aid way or bridge is injured; and ahall be used for the repair of the ways and bridges we injured. Highway officials in granting permits under sections 902, M2, 19039 1953 and 1754 may require from Owners or operators a bond eatisfactoay to them rasning to the State or the municipal or other corporation affected, conditioned to r imburae it for any, expenses necessarily incurred in repairing; all damage caused to the way r bridge by the use thereon of each vehicle, load, contrivance or other object. - 2of2